Christian Law Abate 4

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Christian Law Abate 4

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<p> Christian Law Abatements What is an abatement at-Law? "Abatementisordinarilyamatterofright" Simmons v. SuperiorCourt(1943),96C.A.2d119, 214 P. 2d 844. "Abatementatlawistheoverthrowordestructionofa pending action apart from the cause of action; in equity the suspension of the proceedings. The term 'abatement' is used,withreferencetopendingactionsorsuits,to designate the result upon a suit or action, of defects which vitiatetheproprietyofthesuitasbrought,in contradistinctiontotheexistenceorthestatementofa cause of action; it looks to their effect; and consequently it isordinarilydefineddescriptivelyintermsoftheeffect produced, so that the extending equitable doctrines to all suitsoractionsisspokenof."1C.J.S.Abatement, 1a, p. 27,quotedinBurnandv.Irigoyen(1943), 56 C.A. 2d 624, 629. </p> <p>The nature of these abatements A Christian common Law Abatement does not require any legislature approval by statute asitstandsingeneralrecognitionofandcommonusageinChristianLaw,whichis acknowledged by the every state of the union of States in America. ThefactsstatedwithinChristiancommonLawAbatementsshowsthedefectsinthe Plaintiff'sinitialprocessandoriginalPlaintiff'sinabilitytobringasuit,asfurther evidencedintheHandbookofCommonLawPleading,byBenjaminShipman, Third EditionbyHenryWinthropBallentine,WestPublishingCo.,St.Paul,Minnesota (1923) at page 29: "Therearecertainpreliminaryobjectionstothe maintenance of the suit, whichdonotattackthecoreor meritsoftheplaintiff'scase. Theseformaldefectsare waived,unlesstheyareraisedbythedefendantatthe firstopportunity.Thesewereknownincommonlaw pleading as matters of abatement and suspension, and were raisedbytheso-called"dilatorypleas",sincetheytend merely to delay or put off the particular suit, by questioning the method in which it is pursued, rather than by disputing the very cause of the suit or right to relief in proper form. Dilatory pleas are to the jurisdiction of the court, alleging thatithasnocognizanceofthesubject-matter;tothe disabilityoftheplaintiff,byreasonofwhichheis incapable to commence or continue the suit". At Law, a Plea in Abatement has the common law character to suspend a suit until the plaintiff can correct errors in his original process. If the errors are corrected in response to the abatement, the plaintiff's suit continues. In nearly every matter, the plaintiff has not responded in any manner to the abatement and did not correct the factual errors brought up by the abatement, which was primarily the fact of mistaken identity of the original purported Defendant, a misnomer. Abatement. In actions at law, an abatement is an overthrow of an action causedbythedefendant'spleadingsomematteroffact tendingtoimpeachthecorrectnessofthewritor declaration,whichdefeatstheactionforthepresent,but doesnotdebartheplaintifffromrecommencingitina better way. Abatements are of two types, statutory and non-statutory. Statutory abatements are merely a statutory implementation of the common law non-statutory plea in abatement. Non-statutoryabatementsrelyonimmemorialcustom andusagetotheirauthority,andnotonanystatutory authority by a legislature. But, ifissuedagainstmilitarypowersandtheircourts incivilandadministrativecasestheabatementhasthe effect of suspending all proceedings in a suit because the military powers have no standing to answer. Black'sLawDictionary,3rdEdition(1933),pages7to8. [Emphasis added] Therearetwotypesofabatementsdependingonthevenue:Thefirstisat-Law;The second is a bill in equity. A bill in equity is only heard in chancery, a statutorily created Administrative court. Such a court established in statute cannot go beyond the venue of the statute that created it. This also means that a court sitting in equity does not have the power to abate any thing unless that power is found in statute. There are no longer any known statutes in any of the States concerning abatements. If a Non-Statutory Plea in Abatement - a common Christian Law Abatement - is filed with the Court by statute, the Abatement becomes a nullity for the reason that a statutorily created court cannot wander outside its lexfori. If the same is served by process, it remains outside of the statute venue and does not lie upon statute for recognition. Rather, such abatement lies within the Right and Power to issue the process in God's venue, a superior jurisdiction to the statute jurisdiction. A statute court - and a party therein by appearance - cannot impeach their own record and cannot plead the 'truth' of two opposing records. Either one or the other is true, but not bothatthesametime.However,ANon-StatutoryPlea in Abatementservedtoa statutorily created Military Court has the power and effect of suspending all proceedings. </p> <p>The character of the party A Christian is vested with God's Right and Power to serve process in His name because the Christian is made in His image and likeness through Repentance to Christ, sealed by His Holy Spirit. It is the Seal of His Spirit that authorizes the Christian to act in this mode and character, and not of that of any other opinion or character. The Christian and God have a Covenant under pure and perfect Seal. "Atcommonlawandinthosejurisdictionswherethe common law effect of a seal is still recognized, it is well settled that authority to execute a sealed instrument [i.e., a Non-Statutory Plea in Abatement] can be conferred only by aninstrumentofequaldignityorsolemnity;i.e., by a contractunderseal.VanOstrandv.Reed, 1 Wend. (N.Y.) 424,19Am.Dec.529;StoryonAgency, 9th Ed., secs. 49, 242, and 252." Rotwein,LawofAgency (1949), p. 21. "CHARACTER. The possession by a person [Christian] of certain qualities of mind or morals, distinguishing him from allothers[non-Christians]".Bouvier'sLawDictionary (1914), p. 457. [insertions added] </p> <p>Parties AsaresultofdueprocessandproperservicebyLawofthisNon-StatutoryPleain Abatement,theoriginalPlaintiffbecomestheDefendantinanewaction,whilethe originalDefendantbecomestheDemandantinthecommonChristianLaw,nottobe confused or adjoined with the exclusive statutory term 'Plaintiff'. In most instances, the issue of 'want of proper parties' is shown, which has the effect of process at-Law and suspendsallproceedingsinthesuit,fromthewantofproperpartiescapableof proceeding therein. Ibid.,under"ChanceryPractice",page8. Thus, it is impossible for someone to file a suit in one jurisdiction to try and reach a purported defendant in another jurisdiction. When a Christian uses Lawful process against martial powers, He represents the de jure state [as opposed to the present de facto government of State] who is: lawfully entitled to recognition and supremacy in the administration of the state, but which is actually cut off from power and control. Austin's Jurisprudence, page 324. APartyinasuperiorpositioncannotbesuedbyoneinaninferiorpositioninLaw. StandinginanduponthemodeandcharacterofaGoodandLawfulChristian,the AbatementDemandantactswithinthejurisdictionofthecommonChristianLaw,a superior jurisdiction and venue to that of the original Plaintiff's venue which is and has been under Emergency Powers, Military Law (Martial Law and Tribunals), The Law of War and -or- International and Municipal Law since 1863. The Rule of Law is that those parties, such as the original Plaintiff in this matter, under The Law of War cannot answer processesat-Law,whichisthejurisdictionoftheAbatementDemandant.All'statute' militaryLawofWarfoundedCourtsrecognizetheexistenceandpowerofChristian common Law, but can do nothing about it as this is not within their jurisdiction as an inferiorCourt,andaninferiorcourtcannotover-ruleasuperiorone,eveninthe Law of War. </p> <p>Marks These are statements within the Abatement that list the formal defects or fatal errors in the original Plaintiff's suit or process, which the Abatement Defendant must correct if he wishes to continue his original suit. Other fatal errors that may be stated in this section besidesmisnomerare;misjoinderofcausesofaction,misjoinder,andmisjoinderof parties. Ibid., Common Law Pleading, page 29. </p> <p>Out of Bar A plea in abatement is not a plea in bar, but out of bar (somewhat in theory, not Law, to that of an Administrative or Military Law Court "Special Appearance"). A court cannot hear and judge any matters (those out of bar) that have not yet come under that court's authority.ForaChristianNon-StatutoryPleainAbatementtocomeunderthe Military LawCourt'sauthority,allpreliminarymatters,suchaserrorsintheoriginal process(inthisinstance,thosemattersmarkedintheAbatement)musthavebeen resolved,ortheoriginalPlaintifffailstoproperlybringhiscasetotheAbatement Demandant or to the Court itself. Subsequently, there is no case and nothing for the court to hear. The case exists only for the reason that the original Plaintiff served process on anotherparty,but,theoriginalPlaintiffcannotputthecaseinbarunlesshisprocess complies with his own Court rules. First of these many rules is that the original Plaintiff's process must have no errors in it. Errors constitute defective process and are sufficient cause for a purported Defendant to issue an abatement. A misnomer is a fatal error in any suit in equity or at common law. An exception to this is if some act by the original Abatement Respondent brings him in bar, such as not answering the original Plaintiff's process, by demurring, or making an appearancetothejurisdictionofthePlaintiff'scourt.Anyappearance,includinga statutory 'special appearance', places the party before the court in order to participate in theaction.Anabatementis notanappearanceinbar.Inmostmatters,thepurported Defendant has not appeared in any manner to the Plaintiff's Court. </p> <p>The persona A flesh and blood Christian Man or Woman is not a fictional persona. The Christian is created by God and God alone. He has a substance by and through His Creator, whereby apersonahasnosubstanceorfoundationotherthanman'slegalism.Apersonaisa 'person'ofcreatedfictionwithnotruefoundationofexistenceandcanevenbe acorporation.ApersonaiscreatedbytheissuanceofaTaxI.D.Number, a Social Security number, a Driver's License, or any other fictional 'benefit' or 'privilege' of its creator, the State. The two can never be confused as the same and neither can use the law of the other. Both are bound by the respective laws of their creator. Being under different laws, there is a conflictoflawsthataremutuallyexclusiveultimates.Forexample,eachmutually excludes the other. This is considered by both opposing laws as the ultimate conflict of law which is the basis or substance of their creation. God's Law and man's law are opposed at every point in Creation. In support of this conflict of laws, God is no respecter of persons, but man's law is -see Acts 10:34. Christians have a relationship to God as Heirs of the Father through the pure Blood and lineage of Christ J esus. As a Christian, his name is written in the Lamb's Book of Life, andthisnameisonlyknownbyGod.ThisBloodCovenantrequirestheChristianto abide by God's Law, and none other. Government Imperial powers have created the persona to give an appearance of Lawful process, but such is a personacreated by novation. The purported law of the persona is not Law because it is directly and blatantly contrary to God's Law and common Christian Law. It is based, founded and rooted not by God but by the Law of War through its lineage to the god of war, Mars, and the god of commerce, Mercury. The nom de guerre Man knows he has no right of dominion over other men, but he has invented ways to seek such gain by creating the persona which, when applied to the Law of War, becomes a nom de guerre. This is literally a "war name" to separate the Christian from the fictional persona-seeTheCaliforniaStyleManual,publishedbytheTheCaliforniaSupreme Court (1986), Section 196, page 13, "Style of Main Title" (to an action). HowanameisspelledbringstodistinctiontheultimateconflictoftherealMan-a Christian Man - and the fictitious imitation of the Christian Man that is a persona. Names are spelled on all Military and Administrative Law Court papers, State Licenses, etc., with all capital letters such as J OHN J . SMITH. The Law of War uses the nom de guerre in all instances of spelling a proper name. Being bound under Treaty of International Law, the lex mercatoria, and the Law of War, today's Chancery and Administrative Courts are prohibited from dealing with real people - Christians - and are required to deal only with fictional personae (artificial persons) by styling all parties with a nom de guerre. A corporation is also a fictional persona, and this includes State incorporated Churches. Any party who agrees to appear before the Military Law or Administrative Court must do so by a nom de guerre spelled in all capital letters or with a middle initial. "An alien enemy cannot maintain an action during the war in his own name"- FrancisWharton,PennsylvaniaDigest, Section 20.94 (1853). "Martial law is the law of military necessity in the actual presenceofwar.Itisadministeredbythegeneralofthe army,andisinfacthiswill."ChiefJusticeWaite, in United States v. Diekelman, 98 U.S. 520. A Christian spells his name according to the Rules of English Grammar and the common ChristianLaw,usingbothcapitalandlowercaseletters,suchasJ ohnEliasSmithas opposed to the noms de guerre J OHN SMITH or J OHN E. SMITH. The primary use of the nom de guerre is to inform and openly disclose to all parties of the typeofcourtandthevenuethatwillhearthecase,namely:aLawofWarMilitary Chancery Court, a.k.a an Administrative Court of executive jurisdiction. Such a venue andjurisdictionsitsto hearmattersonlybetween personaeor,aresandpersonaein commerce. Any Christian who accepts and answers to a nom de guerre strips himself of his Godly Rights in common Christian Law and subjects Himself to the laws of man. All Christians are deemed alien enemies of Law of War Courts or Administrative Courts, and cannot be brought before said Courts in their Christian name. Only a nom de guerre can be a party to a present day Administrative Court. If there is no nom de guerre, there is no party to be heard. </p> <p>Rules of English Grammar Propernounsnamespecificpersons,places,orthingsandbeginwithacapitalletter. Generalnounsdenotingaclassorgroupofpersons,places,orthingsarenever capitalized. The meanings of two words of the same spelling can change dramatically whenoneofthosewordsbeginswiththefirstlettercapitalized.Forexample,from Riddle's Latin Lexicon: state-AChristianpeoplewithDominionoverall geographical territory which makes them the - res publica - lords of the soil. State - The name of the ministerial government, occupying afeud,establishedbyconstitutionalcompactamongthe Christianpeopleholdingandoccupyingafixed geographical territory. The "state" is general and used at-Law, while the "State" is specific and denotes a created fictional "legal" entity.IntheChristiancommonLawAbatement,theRulesofEnglishGrammarareprecise according to Law. This is why the Abatement denotes careful uses of the words county and not...</p>